Copyright Law
Meeting the Legal Needs of the
Creative Industries in the 21st Century
A five-day CPD course for Copyright,
Entertainment & Media Law Practitioners
18 - 22 January 2016
UCL Institute of Brand & Innovation Law
“
Amanda Harcourt has created a vital and very practical course for
those, particularly lawyers but also business people, in the creative
industries. There is nothing else like it as far as I know. Those who
take the course will get much out of it: Firstly they will get a thorough
understanding of the way copyright is used and handled throughout
the industry including detailed understanding of copyright contracts
of many kinds and how they work in practice; and secondly they
will get a clear view of what is happening and likely to happen as
copyright laws and systems change, not least by way of increased
European harmonisation and other international developments.
The team of teachers Amanda has persuaded to join is truly astonishing.
I commend this course to law firms, in-house lawyers and anyone
else who wants to be and stay on top of their subject.
Robin Jacob
”
Hugh Laddie Professor of IP Law and Director of the Institute of Brand and Innovation Law, UCL
ABOUT THE COURSE
From Course Director, Amanda Harcourt
Shortly before his death Martin Luther King Jr gave a speech about technology and the future in which he warned:
“[T]oo many people find themselves living amid a great period of social change, and yet they fail to develop the new
attitudes, the new mental responses, that the new situation demands. They end up sleeping through a revolution.”
By the end of 2015, we are told, we can expect legislative proposals for the reform of EU copyright law itself, perhaps even
a single unified EU copyright title. Other developments in the EU marketplace, in 2015 alone, are a competition enquiry
into cross-border trade and legislative proposals for cross-border contracting, a review of the practice of geo-blocking and
an analysis of the position of digital platforms in the market. In the USA the regulatory framework of music licensing
remains under review by the Department of Justice (as at July 2015) and more generally at the US Copyright Office.
Worldwide, the broadcast industry faces competition from online programming.
The aim of this course is to help practitioners to operate in their professional lives in the present day and to look to the
future the same time. In addition, if lawyers working in one sector of the creative industries can become better informed
of the structure, the contractual patterns and the commercial sensitivities in another sector, they will be better equipped
to adapt to legal and market changes.
The UK government justifies its support for copyright with economic data, telling us that the creative industries deliver
nearly £79 billion annually to the country’s economy. But the relationship between creativity and a community is not
only an economic compact. Whether it is the 35,000 year old cave paintings of Sulawesi in Indonesia or the oral traditions
of storytelling and music, the interplay between creator and audience is an essential part of human nature.
With this in mind, students will have an opportunity to participate in Friday afternoon’s international debate
Copyright, Culture and the Desire for Data and share ideas to promote the economic welfare of the writers, painters,
composers, directors, actors, playwrights and musicians of the future in this time of change.
Amanda Harcourt has 25 years’ experience providing legal,
and policy advice in relation to the creative industries.
Global rights administration of IP rights has been a
specific area of expertise since the early 1990s when, on
behalf of Irish writer/performers U2, Harcourt led the
ground-breaking audit of the global performing right
society network. The U2 enquiry, and the subsequent
competition enquiry into PRS, is generally regarded
as having been instrumental in kick-starting the
modernisation of music societies worldwide. Harcourt
has advised Government on legislation in relation to
copyright duration, rental and lending and performers’
rights. For clients in the audio-visual sector she prepared
submissions in relation to the UK’s three recent IP
reviews (SABIP, Hargreaves and Hooper). In 2014 she
was retained by clients to prepare submissions to the USA
Copyright Royalty Board Inquiry into Music Licensing
and the US Department of Justice Anti-Trust Division
Inquiry into the PROs Consent Decrees.
For many years, she had a senior level roving brief at
FremantleMedia, the international television production
and licensing subsidiary of Bertelsmann’s RTL Television.
Among her responsibilities was that of legal “gatekeeper”
across more than 30 countries for the global roll-out
of the television music format “Idols”, balancing the
differing interests of the format creator, programme
producers, the contestants, the broadcasters and ancillary
rights licensees.
Harcourt spent nine years as an Adjunct Professor of
International Copyright at what was then a US Top Tier
law school, Pepperdine University, Malibu, California,
where she designed the syllabus for the US and overseas
programmes, securing American Bar Association
accreditation. She also prepared the UK’s Government’s
National Skills Council Syllabus on Copyright and Related
Rights - now in use as part of the UK’s national media
apprenticeship scheme. Harcourt advises internationally
on rights re-structuring & management, and in relation
to film, television, theatre, live and recorded music and
the visual arts.
ABOUT THE COURSE
EU Parliamentary Vote of July 9th 2015 : The non-binding resolution, which assesses the implementation
of the key aspects of EU copyright law ahead of upcoming Commission proposal to modernise it, was
passed by 445 votes to 65, with 32 abstentions
24th June 2015:
Motion for European Parliament Resolution # 20::
Alongside the important task of expanding functioning
structures for the digital single market, [the European
Parliament] stresses that steps must also be taken to ensure
that the analogue single market continues to function properly.
This course looks at the structure and terms of copyright
contracts and the rights administration models that are
designed to regulate the analogue world of the copyright
industries and asks: “how do they perform in the digital
environment?” How does one frame future contracts and
interpret the old ones? The course will also examine proposals
for copyright reform, EU prospects for a single digital market,
cross-border access and the role of ISPs in the context of the
written word, film, the visual arts and music.
Digital companies are daily acquiring licences to use creative
works as part of their product or service and a great many of
the copyrights are regulated under contracts drawn up long
before the invention of the internet. The territorial feature
of copyright licensing presents challenges in a global digital
marketplace.
24th June 2015:
Motion for European Parliament Resolution #O:
[W]hereas creative works are one of the main sources
nourishing the digital economy and information
technology players such as search engines, social media
and platforms for user-generated content, but virtually all
the value generated by creative works is transferred to
those digital intermediaries, which refuse to pay authors
or negotiate extremely low levels of remuneration (sic);
Technological innovators express frustrations with the
traditional structure of copyright licences. Licensors are
having to develop new deal structures to try and preserve
value. Fees in music licensing, for example, are increasingly
not expressly attached to the copyrights but to features
that bring the licensor additional value from other sources,
and include upfront cash advances that make market entry
expensive, some would say impossible. Bonuses, equity in
a DSP, a right to sell advertising, a share in ad revenues,
preferential treatment of a catalogue – these are all new(ish)
features and that these revenue sources are not necessarily
shared with copyright creators and performers has become
a hot topic.
With no requirement to register copyright, right
owning companies and copyright licensing and revenue
administration bodies have had difficulty in some sectors
supplying digital distributors with comprehensive, accurate
ownership data. Data which, when applied in conjunction
with contract terminology, might make for more equitable
allocation of income by promote the trickle down of royalties
to underlying creators .
Beginning with an outline of the contracts and trade practices
within the analogue marketplace, the course will consider
changes that might work for the future. During this “20th
century” part of the week, individual sessions will familiarise
students with the key contractual terms, the economics and
licensing practices of contracts within different cultural
sectors – as designed to operate in the analogue world. How
well do these fit the tech sector – can the two work better
together?
Each of the first three days will focus on a different area of
the creative industries: the visual arts, audio-visual works
and music. Thursday morning will be devoted to live
performance before the course moves to all things digital.
The latter part of the week will look in detail at various
aspects of the law that are critical to digital delivery –
cross-border licensing parameters, fair use exceptions, data
management, privacy and security. The course will examine
the requirements of the DSPs seeking to make cultural
content available to a wider audience; at the making available
right, permanence and ownership, access, privacy, security
and data management. There will be discussion of the newly
published proposals for legal changes and digital single
market initiatives emanating from the EU and beyond.
THE COURSE CONTENT AT A GLANCE
_________________________________________
________________________________________
Monday 18th January 2016
_________________________________________
Thursday 21st January 2016
________________________________________
After an introductory session comparing USA and
European copyright law models, the day will examine
the relationship between the creator and third parties:
the author and an employer, a collecting society and a
corporation to which copyrights are assigned and the
degree to which an author may or may not retain an
interest. The afternoon will consider the visual arts.
_________________________________________
Themed “From Men to Machines” the day will begin
with a review of the live performance industry then
move on to explore legal and philosophical aspects of
the digitisation of culture including a look at DSPs’
licensing challenges: do they “cloud” the issue?
Tuesday 19th January 2016
_________________________________________
Tuesday’s theme is audio visual works and will explore
tv formats, writing for film, film funding, the business
model of an online delivery as well as current film
licensing patterns that promote recoupment. Is the
latter compatible with a single European market?
_________________________________________
Wednesday 20th January 2016
_________________________________________
Wednesday is music: the composer, the performer and
the digital licensing of their works, collective and direct
licensing in Europe and the USA with an examination
of the relationship between copyright exceptions and
the creative industries.
________________________________________
Friday 22nd January 2016
________________________________________
Friday begins with an examination of proposals for
law reform emanating from the EU including the
recently published EU copyright reform proposals.
Developments in the USA will be canvassed. This
will be followed by sessions on rights registries, data
management and the impact of the digital world upon
privacy and free speech.
Afternoon Debate:
Copyright, Culture and the Desire for Data
FLEXIBLE ATTENDANCE
AND DISCOUNTED FEES
STRUCTURE & TEACHING
To accommodate students’ professional
schedules a flexible attendance policy is
in place.
Delivery will be via lectures, presentations and exercises expanding
upon and applying different elements of the course. Speakers
have planned their presentations to accommodate questions from
students. The range and variety of speakers is exceptional. Short
biographies of each speaker are shown below their speaking slot.
The line-up includes leaders in their fields - academics and lawyers
from private practice, the bar and in-house counsel. Where it is
unavoidable, a few speakers will deliver their contributions via
live video link.
Students may choose whether to attend
the whole course and sit the Certificate
examination.
Students may also choose to attend
only parts of the course. For
example, a music lawyer may prefer
to skip music and instead attend the
audio-visual section to expand their
knowledge base. Similarly an in-house
television business affairs executive will
benefit more from the music section
than perhaps one devoted to their own
area of expertise.
Alternatively an organization may want
to allocate the 5 days across two staff
members.
A minimum of 3 days must be booked
– to include the Thursday and the
Friday plus at least one other day.
Discounts will also apply to not-forprofit organizations, and those still in
university education at undergraduate
or post graduate level (subject to the
UCL selection process) and students
from speaker’s organizations.
During the week presentations from creators and those at the
coalface will remind students of the personal challenges of
earning a living in the creative sector. A session with a digital
security expert will demonstrate to students the vast technological
capabilities of the internet.
The course will culminate in a moderated debate: Copyright,
Culture and the Desire for Data where students will be joined
by additional international guests. Students will be encouraged
to formulate questions, or make suggestions based upon the
course content, that may advance the discussion of creativity’s
relationship with the law.
UCL Laws has a longstanding reputation for high-quality legal
research with real world impact. The Faculty’s research has had
far-reaching influences on the development of government
policies, national and international laws and legal principles,
and contributed to improvements in justice policy, court
procedure and legal practice, as well as fostering public debate
and understanding of the law and legal rights. This course sits
firmly within UCL’s academic tradition of debate and discussion.
Approximately one week after the course has concluded there will
be a two hour exam which will give students an opportunity to
apply the information they have learnt. Students who complete
the course and pass the exam will receive a Certificate in Legal
Rights and Trade Practices in the Creative Industries from the
Institute of Brand and Innovation Law at UCL Faculty of Laws.
APPLICATION PROCESS
Application Process
Applications should be made using the form at the end of this brochure. Applications should be accompanied by:
1 A CV and the names of two professional referees.
2 A short personal statement indicating what you hope to achieve by attending the course.
The application deadline is MONDAY 30 NOVEMBER 2015, or earlier if we are fully booked before that date.
We intend to inform applicants as to whether they have been accepted on the course, no later than Friday 11
December.
Fees
Full Five Day Course: £2,600, plus VAT
Four Day Course: £2,150, plus VAT
Three Day Course: £1,650, plus VAT
The course fee covers all course materials, tuition and the examination fee, as well as refreshments and a light
lunch on each day of the course.
Discounts are available to firms that either:
a) sponsor the Institute of Brand and Innovation Law; or
b) provide speakers for the course.
Fee payment
Upon acceptance onto the course you will receive a letter confirming your place and an invoice for the course fees.
Full course fees must be paid by 20 December 2015.
No payment is required prior to acceptance on the course.
Please return your completed application form, together with your CV (including the names of two professional
referees), and a short personal statement as to what you hope to achieve by attending the course, to:
Lisa Penfold
Events & CPD Manager
UCL Faculty of Laws
Bidborough House
38-50 Bidborough Street
London WC1G 9BT
Queries should be made to:
Lisa Penfold
Telephone: 020 3108 8508
Email: lisa.penfold@ucl.ac.uk
COURSE SCHEDULE - DAY 1
MONDAY 18TH JANUARY 2016
09:30
Introduction
09:45
Global Markets and Domestic Laws: two nations divided by a common language?
A review of the respective legislative, structural and cultural approaches to copyright law in the European Union and USA
Speaker Amanda Harcourt, IP Consultant, Course Director
10.30
Author, Employer and Right Owner:
By statute, the ownership of a copyright work created in the course of one’s employment automatically vests in the
employer. What does this really mean? An overview of recent developments in employment law.
Speaker: Alexandra Carn, Employment Partner, Edwin Coe LLP.
Alexandra has a wealth of experience from both sides at the Employment Tribunal and in the High Court, also advising
on related company law matters including directors’ duties, shareholders’ disputes, and regulatory issues. Alexandra
is ranked in Chambers 2015 as a “noted litigator”, writes regularly for financial publications including Compliance
Monitor and Financial World and is a regular contributor on BBC television and radio.
11.15
Break
11.45
I: The Creator and the Audience: Corporate Intermediaries
Notwithstanding any entitlement of authors or performers to a contractual participation in revenues, where their rights
have been alienated it is the assignee or licensee that issues licences to users, whether as a small producer, an entertainment
conglomerate or an aggregator. A company has legal obligations to shareholders that supersede entitlements of the
creators from whom the company has acquired the copyrights. What are the devices that a company may use to
maximise returns to shareholders and minimise liabilities to third parties and to what extent are the revenues from such
deal structures (such as equity, advances and sharing of breakage sums) accessible in audits? And as the piracy debate
stretches from Sweden to Singapore, and criminal sanctions are imposed, increasingly the courts pierce the corporate veil
and look to a company’s controlling mind.
Speaker: Sara Wax, Partner in the Corporate Group, Sheridans Solicitors.
Sara has wide-ranging corporate and commercial experience, with a focus on the hospitality, media, leisure and technology
sectors. Her particular specialist areas are capital investment, including early-stage investment, VC/equity, founder
management sale and re-investment, business acquisition and disposal, joint ventures and shareholder arrangements,
corporate re-structuring.
12.30
The Creator and Audience: Not-for-Profit Intermediaries
For over 150 years the collective management of copyright has been a simple, effective way to issue licences to users of
copyright works. These societies, and the craft guilds of the USA, are largely not for profit, and, notably, feature creator
representation to inform policy and practice. Their operation is regulated by competition law and in the EU by a body
of case law. More recently the EU societies are subject to the Directive on the Collective Management of Copyright and
Related Rights and in the USA the Department of Justice has subjected the US consent decrees that regulate the music
societies to review. Where are we now?
Speaker: Debbie Stones, Chief Counsel, PRS for Music, UK.
As a partner in Taylor, Joynson Garret (now Taylor Wessing) Debbie specialised in copyright, in music and collective
licensing. For five years she was Head of Legal Affairs at record label collective licensing body PPL (Phonographic
Performance Ltd) during the period of integration of performer representation into the society’s Board. Since August
2003 she has been Chief Counsel at PRS for Music during a period of immense change, in particular the development
of pan-European digital licensing of musical works.
13.15
Lunch
MONDAY 18TH JANUARY 2016
14.15
Infringement of Art and Design: The civil and criminal law.
Policing dealings in pirated copyright works is the preserve of Trading Standards as well as the right owners concerned.
In addition, owners of 3D designs (which have a part to play in the creative industries eg theatre set maquettes or props
and costumes for film) have recourse to criminal law as a result of the Intellectual Property Act 2014. This session will
examine the interaction between the criminal and civil law in addressing copyright and design infringement.
Speaker: Nick Kounoupias, Anti-Piracy and Enforcement Lawyer.
Nick is a music and media lawyer with over 25 years’ experience both in private practice and in house. He specializes in
contentious intellectual property work, with particular focus on anti-piracy and anti-counterfeiting work, copyright, design
and trade mark infringement, cultural property and international justice work. He is a member of various IP protection
groups including as a board member of the Federation against Software Theft (FAST), and the Worshipful Company of
Furniture Makers. He is Chief Legal Counsel at Anti-Copying in Design (ACID). Past positions include Council Director,
Anti-Counterfeiting Group (ACG), one of the founders and Vice-Chairman, Alliance for IP (previously the Alliance against
IP Theft (AAIPT), and Chairman of the BIEM On-line Anti-piracy Group.
15.00
Originality and Infringement - From Fox Talbot to the Red Bus:
Inspiration, influence or copying? We explore the judicial test for originality - including rulings at the ECJ that affect
the law of EU Member States - and the infringement of copyright in artistic works
Speaker: Philip Partington, Waterfront Solicitors
Philip is an IP litigator. He trained with respected Newcastle IP firm, McDaniel & Co., where he was instructing solicitor
for Temple Island Collections vs New England Tea - the case colloquially referred to as “The Red Bus”, and which has been
the subject of blog postings, commentary and even seminars. He completed a post-graduate Diploma in IP law and Practice
at the University of Oxford in 2014.
15:45
Video Presentation
16:00
Break
16:30
Rewarding the Visual Artist:
“Intellectual property is the oil of the 21st century” – so said Mark Getty before investing some US$80 million in
acquiring photographic works. Over and above individual commissioning fees, visual artists may have an ongoing
entitlement to be paid for their works’ secondary usage. In addition, the re-sale of artistic works by a commercial seller
attracts an additional royalty. In many jurisdictions these payments are managed collectively. This session introduces
this system, and also presents some of the arguments currently being advanced in the USA to counter the introduction
of a federal US re-sale right
Speaker: Andrew Potter
Formerly publishing director at Oxford University Press, Andrew is a respected member of the copyright community. He
continues to work in education and has held numerous copyright-related posts including that of Chairman of the Design and
Artists’ Copyright Society (DACS); board member of the Copyright Licensing Agency; Chairman of the Music Publishers’
Association, of PRS for Music. He is currently Vice-President of the national Federation of Music Societies.
17:15
Direct Licensing of a Catalogue of Artistic Works:
In contrast to the collective licensing solution, this segment will feature a right owner operating outside the collective licensing model and show how both artworks and photographs from a world class archive rely upon copyright when sharing these
artistic works with a global audience.
Speaker: Antony Penrose, Co-founder and CEO of the Lee Miller Archives and the Penrose Collection.
As the son of painter Roland Penrose, the father of British surrealism and the photographer Lee Miller, Antony’s fulfils all the
major roles involved in the preservation of an artist’s body of work. Film maker, photographer, author, artist, photo curator,
CEO. Antony has carriage of a priceless archive of work by both his parents which he licenses and loans out for exhibition. He
also is custodian of a collection of original works by contemporary artists and by his parents’ famous friends, such as Picasso,
Joan Miro, and Man Ray.
COURSE SCHEDULE - DAY 2
TUESDAY 19TH JANUARY 2015
09:30
Introduction – Audio Visual Works
09:45
Finding the Money for Film:
While the UK continues to be a desirable location for film makers, how easy is it to finance a UK independent film?
We examine production financing via the UK Finance Act s 32 as well as the mechanisms of pre-sales and traditional
distribution patterns such as windowing. As the calls for harmonisation of the EU copyright acquis attract the attention
of legislators, what are the features that need to be preserved in order to support independent film production?
Speaker: Keith Northrop, Head of Department Film & TV, Goodman Derrick LLP
Keith has worked extensively with film producers, financiers and distributors, both domestically and internationally.
Keith was called to the Bar in 1989 and has been briefed extensively in a broad range of contentious media matters
including: satellite distribution; video distribution; co-production agreements and breach of confidence. In the course
of his non-contentious work, he has dealt with every aspect of the contractual process involved in film financing and
production. Keith was an Executive Producer of the feature film “The Last of High Kings” for Miramax Films Inc. as
well as on “Honest” directed by Dave Stewart (who is also one of the writers along with Dick Clement and Ian La
Frenais) and “These Foolish Things” starring Angelica Houston, Lauren Bacall and Terence Stamp. He is an Adjunct
Professor of international copyright and EU Law at Pepperdine University in the USA.
10.30
“The freelance writer is a man who is paid per piece or per word or perhaps!” Robert Benchley. Is He Right?
An overview of the rights and revenue entitlements of the creator of the underlying written works in audio-visual works.
Speaker: Jonathan Turner, Barrister, 13 Old Square Chambers.
Jonathan has a particular interest in European aspects of intellectual property law and in subject-matter involving
electronics or computers. He advises and represents clients in IP matters in UK and European courts, patent offices,
trade mark and designs registries, arbitrations and mediations in matters relating to all aspects of intellectual property
law, including patents, trademarks, designs, copyright, passing off/ unfair competition. He has a wide knowledge of
UK, EU and international competition (antitrust) and free trade law, particularly relating to intellectual property, IT
and telecoms. He is a Director of Authors Licensing and Collection Society (ALCS) and the Copyright Licensing
Agency (CLA).
11.15
Break
11.30
Contracting the Authors of a Film – Producers and Directors:
A director contracts with their co-author, the producer. But to what extent has this recent right of authorship been a
mirage for the person controlling a film’s creative vision, the director? And what do their respective revenue entitlements
look like?
Speaker: Keith Northrop, Head of Department Film & TV, Goodman Derrick LLP
TUESDAY 19TH JANUARY 2015
12.15
Digital Single Market: meeting consumer demand or an intervention too far?
The European Commission’s ambition to complete the ‘Digital Single Market’ proposes to ensure European consumers
can access television and film content across borders. What does this mean for the film and television industries? Will
these proposals drive further economic growth and benefit consumers or undermine the basis on which content is
funded, damaging a key economic sector and resulting in a reduction in choice and quality of content available?
Speaker: Andrew Hall, Chief Counsel of NBC Universal
Andrew Hall is Head of Government and Regulatory Affairs at NBCUniversal International in which position he leads the
International government affairs, regulatory and content protection functions of NBCUniversal outside North America.
He has responsibility for strategic government affairs and content protection initiatives for the company as well as oversight
of all Regulatory matters affecting the business. He is a member of the Senior Management Team at NBCUniversal
International which is focussed upon driving growth outside of North America. Prior to this role Andrew was Senior Vice
President and Head of Legal and Business Affairs for NBC Universal International for 8 years. He was previously Senior
Vice President and Head of Legal and Business Affairs for Universal Pictures International Entertainment, which he joined
in 2000 from Universal Music International where he was Senior Legal Adviser. Before moving in-house, Andrew worked
in the Company and Commercial Department at the city law firm Slaughter and May in both London and Hong Kong.
13.00
Lunch
14.00
Exercise: Reciprocity and National Treatment
14:45
Television Formats: No Copyright, No Protection?
Opportunity Knocks taught us, at the Privy Council (as it then was), that there can be no copyright protection for
a television format. But different jurisdictions have employed varying legal means to protect a form of audio-visual
expression that is increasingly valuable to a global industry. How is this done? A review of international devices for
format protection and case law in support from around the world.
Speaker: Tony Stern, Executive Vice-President, Commercial and Business Affairs, Worldwide production,
FremantleMedia
Tony qualified in Australia and joined FremantleMedia 15 years ago after a period at the BBC. He heads a large team
of lawyers and oversees their work on the wide scope of FremantleMedia’s productions across 23 countries – from
drama, soaps and documentaries to the global successes of Fremantle’s successful TV format production businesses. The
company produces household brands such as X Factor, Grand Designs, Got Talent and the long running Idols franchise.
15:30
Formats: From Author to Exploitation – a review of the patterns of exploitation contracts in format exploitation
Examining the production chain from format creation through first production and subsequent global roll out – identifying the rights and revenue expectations of creator, producer, first broadcaster, subsequent broadcaster, contestants
and parties with an ancillary interest.
Speaker: Sarah Tingay, former Chief Global Counsel for FremantleMedia
Sarah recently retired after a long and distinguished legal career in television. Her career began in the early days of
British broadcasting at Thames Television and led to her stewardship of Fremantle’s global legal and business affairs
division. During the company’s ground breaking reinvention of the music talent show, with Idols, Sarah presided over
an award-winning in-house legal department.
16:15
Break
16:30
Film Industry Guest:
17:15
Preparation for Wednesday – 2 Exercises
COURSE SCHEDULE - DAY 3
WEDNESDAY 20TH JANUARY 2016
09:30
Introduction – Making Music and Making Available
09:35
The Composer: Deals, Data and Digital Distribution
How does one balance the rights and obligations between composer and music publisher when musical works are
distributed in the digital sphere? By examining key economic and contractual features of music publishing contracts,
this session demonstrates how songwriters and their music publishers benefit from digital dissemination, or not…….
Speaker: Richard Taylor, Partner, Michael Simkins LLP
Richard specializes in advising on all aspects of the engagement of personal services and the protection and exploitation
of rights, principally in relation to the music industry. Richard also has extensive experience in advising on contracts
for the provision of personal services for high profile individuals such as directors, musicians, designers, architects,
agents, managers. He regularly advises corporate clients from music industry associations, through recording and
music publishing businesses to live music and other agencies. He is legal adviser to the International Live Music
Conference, the annual London convention for the live music industry.
10.20
The Recording Artist and the Digital Licence
As revenues from conventional distribution fell the labels adapted performers’ contracts to access a share in additional
revenue streams arising from the performers’ activities. In addition, the labels have structured deals with music DSPs
that also give labels access to other revenue streams via the DSP. Can the labels have it both ways? The labels have
been criticised for lack of transparency, for structures that do not easily permit performers to share in all elements of
the digital deals (such as equity stakes, bonuses and ad revenues). How might record contracts be framed to ensure a
share of these additional sources for the performer?
Speaker: Robert Lee, founding partner at Lee and Thompson
The opening lyrics of Roxy Music’s 1972 debut single “Virginia Plain” are “Make me a deal and make it straight,
all signed and sealed I’ll take it, to Robert Lee…” Robert Lee co-founded Lee & Thompson in 1983. Since he
qualified in 1972 he has been pre-eminent in his chosen field. Earlier in his career, Robert acted for many of the
large independent record companies which have now been acquired by the majors including A&M Records, Virgin
Records, Anchor Records, Island Records and Tamla Motown. He now acts for a number of high profile recording
artists. The new UK edition of Chambers and Partners ranks Robert as a Senior Statesman and leader in his field.
11.25
Break
11.40
Report back from Music Exercise No 1
12.15
Copyright Exceptions: what are they and what role do they play in the creative industries?
We will examine the copyright exceptions under the InfoSoc Directive, the recent changes to UK copyright exceptions
and compare briefly with US ‘fair dealing’. We will discuss how far they have provided a platform for online companies
to grow and whether they are friend or foe to the creative industries.
Speaker: Lawrence Kaye, publishing & digital media partner, Shoosmiths
Laurence leads the firm’s publishing and digital media team and provides strategically-focused advice to publishers,
media and technology companies on e-commerce projects and on exploitation of their intellectual property in digital
and ‘offline’ forms. Laurence combines this cutting-edge legal work with strategic and policy-related work in the field
of copyright and online law. In his capacity as copyright adviser to the European Publishers Council he has advised
and been actively involved on the Data Protection Directives, the Copyright Directive, the Database Directive and
the E-Commerce Directive Directives. Laurence practises what he preaches. He’s a regular writer and lecturer on
copyright, digital media and other IP issues, and an active blogger on digital media law.
13.00
Lunch
WEDNESDAY 20TH JANUARY 2016
14.00
Music Curation – Algorithm or Hominid
Building a music radio show - the value of the editor or curator in music radio.
Speaker: “Whispering” Bob Harris, O.B.E.
Bob Harris is a legendary broadcaster and author. Remembered by many older music fans as the presenter of BBC
music show The Old Grey Whistle Test, Bob was co-founder of Time Out. He continues to work as a broadcaster
for the BBC, has his own television production company and curates the online music channel Under the Apple
Tree where musicians and songwriters, young and old, record sessions.
http://wbbc.biz/whisperingbob-tv/under-the-apple-tree-sessions/
14:45
Music Collecting Societies – copyright and the neighbouring right
A tour of the different collective administration bodies for film, musical works and sound recordings, examining how
they have adapted their licensing practices to digital distribution, some working in partnership with corporate right
owners in order to deliver licences fit for the digital aage.
Speaker: Amanda Harcourt
15:30
Music, America and Direct Licensing – from DMX to Pandora
The regulatory structure of US music licensing bodies and the nature of the assignments from creators to the music
collecting societies enables US music users to acquire licences directly from the right owners (music publishers and
record labels). This has not always been beneficial for the industry at large – direct licensing of background music
led to losses to the world’s writers and publishers of over US$150 million and recent direct deals by Pandora may be
similarly damaging. This has also fragmented the licensing landscape. Is this good for creators For their audience?
For licensees? Is this good for the industry?
Speaker: Charles Sanders, Attorney
Charles is a New York based entertainment attorney running his own niche practice. Formerly counsel the US
National Music Publishers’ Association, Charles is now counsel to The Songwriters Guild of America, Inc., StarClub
Inc. of Santa Monica ((an Internet monetization company for artistic creators), Music Creators North America
(MCNA), and CIAM, the global body for music authors. He was co-producer of the Emmy-Award winning 2014
short film “Copy Kid,” animated short subject for early grade copyright education.
16:15
Break
16:30
Report back from Exercise No 2
17:00
New Models for Music Makers Making Money
Brian Message. The manager of Radiohead, Polly Harvey and other artists, and former Chairman of the Music
Managers’ Forum, Brian Message talks to CMU’s Chris Cook about the modern digital distribution models and its
impact on creators.
COURSE SCHEDULE - DAY 4
THURSDAY 21ST JANUARY 2016
09:30
Introduction – from Men to Machines
09:45
Contracting for Live Performance: Angels and the Box Office – Calling to Account
Speakers: Euan Lawson, Partner, Michael Simkins and Steve Anderson, Partner in Anderson & Pennington,
theatrical accountants
In a lively double act, an experienced theatrical lawyer and an accountant examine the legal and commercial landscape
of the one area of the cultural industries that seems to be healthy – live performance. The shared experience between
creator and audience is alive and well, reminding us that it is this vital connection that drives the creative industries
as a whole.
Euan Lawson:
Euan is a commercial lawyer and joint managing partner at Michael Simkins LLP. He specialises in media and
entertainment law with a particular emphasis on the music, live events and new media industries. He advises on
contractual and copyright issues and works closely with the firm’s corporate group on acquisitions and joint venture
arrangements in the media sector. Euan also has a particular interest in the taxation of entertainers and sportsmen
and advises regularly on withholding taxes, residence and domicile issues, and the recognition of royalty and
other IP-related income. His clients include major UK publishers, music libraries, major and independent record
companies, live music promoters, and Hollywood studios as well as individual entertainers, managers, executives and
entrepreneurs.
Steve Anderson:
Steve is a founding partner of media accounting firm, Anderson and Pennington. Steven advises a wide range of
theatre, music, film and television clients as well as owner managed businesses and a number of overseas clients doing
business in the UK. He has many years’ experience in UK and international taxation and has advised businesses of all
sizes. He has a particular interest in the taxation of intellectual property and planning for businesses operating across
national boundaries.
11.15
Break
11.30
Let’s Get Digital! The DSPs’ perspective
How does a service provider go about putting together the patchwork of deals, directly with rights owners and
indirectly through collecting societies, which will allow them to launch a service? What are the risks of launching
without a full panoply of rights in place. How to compete with companies who launch services first and worry
about rights later. John brings together these issues going back to the early days of satellite TV, through Capital
Radio’s first website in the dial-up modem days of the mid-90s, past the launch of iTunes and its competitors to
some of the more innovative business models launched over recent years.
Speaker: John Enser, Partner Olswangs
John provides commercial, regulatory and copyright law advice to clients active in all aspects of the media and
communications business, particularly those offering music and audiovisual content via digital platforms. He has
been at the forefront of new media developments for nearly 20 years, assisting clients to launch new and innovative
services across a range of technologies, delivering originally to TV sets and latterly to PCs, mobile devices, tablets
and all other forms of connected device. John writes and speaks regularly on a range of topics relating to interactive
media and with Matthew Phillips has been the co-author of Olswang’s annual convergence report since its
inception in 2005. He is also a member of the editorial board for E-Commerce Law Reports.
THURSDAY 21ST JANUARY 2016
12.15
The Making Available Right
We examine the background to and nature of the making available right and the judicial interpretation of it across
the EU. We demonstrate also how the exercise of and the categorisation of remuneration from the making available
right has been treated differently in different sectors of the creative industries.
Speaker: Robert Howe, QC, Blackstone Chambers
Robert is recognised as a leading silk in this field. He appears regularly in all divisions of the High Court in commercial
disputes, and in arbitrations. He has extensive advocacy and trial experience, including in lengthy witness actions
and is also regularly instructed in the appellate courts. He has acted in many copyright matters (involving both
contract and intellectual property issues). Has acted for all the major record companies, a number of collecting
societies (MCPS, PRS, CLA) many major media organisations (including e.g. Times Newspapers, News Group
Newspapers and Really Useful Group), and many well-known groups and artists (such as U2, Phil Collins, Paul
Weller, Morrissey, Johnny Marr and the Spice Girls). He is also frequently instructed, for applicants and collecting
societies, in a number of Copyright Tribunal references, including the recent landmark Online Tribunal reference
(which set terms for the digital and mobile exploitation of musical works). He was instructed for Pink Floyd in
successful claim against EMI concerning online exploitation of tracks. The CA decision is a leading authority on the
approach to construction of commercial contracts.
13.00
Lunch
14.00
Economic Opportunities for Creators
Drawing on the course materials so far, we will compare and contrast the different economic models, in both the analogue
and digital spheres, that apply to creators when their works are published, traded, copied, communicated to the public,
made available,publicly displayed or performed.
Speaker: Amanda Harcourt
15:00
Copyright Access, Ownership and Permanence
Access to a digital file is unlike the actual ownership of the physical embodiment of a film or recording. And we
can have the benefit of copyrights work without downloading them - simply by browsing. This section will explore
the case law surrounding linking and framing as well as the controversial issue of re-sale of digital versions copyright
works as addressed in the courts of the USA and the EU.
Speaker: Dr Eleonora Rosati, Lecturer in IP law, University of Southampton
Eleonora is an Italian-qualified lawyer with two law degrees summa cum laude; from the University of Florence
(Italy), & an LLM from the University of Cambridge (UK), as well as a PhD in EU copyright law from the European
University Institute (Italy). She has experience in the area of copyright, trademarks and internet law. She runs her
own copyright law & policy consultancy alongside her university post. She is a guest lecturer in copyright law at
EDHEC Business School (France), and the Deputy Editor of the Journal of Intellectual Property Law & Practice
(Oxford University Press). She contributes to specialist blogs The IPKat and the 1709 Blog reporting on IP issues
worldwide.
THURSDAY 21ST JANUARY 2016
15:30
The Digitisation of Culture
Intellectual property was one of many ideas that evolved from a new, confident Enlightenment concept of the human
being. Ownership and control of creativity were key to the identity and dignity of the individual. Today, copyright
suffers under the onslaught of reductionist intellectual fashions which diminish the individual - and an economic
climate determined by short-term and cynical interest. How can internet advocates challenge these powerful forces?
This presentation draws from both copyright’s long history and the evolution of technology to highlight the challenges
of making ad hoc changes to the law.
Speaker: Andrew Orlowski, Journalist
Andrew is an investigative journalist and executive editor of respected IT news website, The Register. In addition,
he was Associate Producer for the powerful and highly regarded 3 part BBC documentary series by Adam Curtis, “All
Watched Over By Machines of Loving Grace”. The series argues that computers have failed to liberate humanity and
instead have distorted and simplified our view of the world we live in.
16:15
Break
16:30
Cross-Border Enforcement: Jurisdiction and EU Copyright Law
Examining the Brussel I Regulation and recent EU case law on jurisdiction in respect of internet transactions and
infringement as a result of the cross-border dissemination of copyright works.
Speaker: The Rt Hon Prof Sir Robin Jacob, IBL, UCL
Professor Sir Robin Jacob holds the Sir Hugh Laddie Chair in IP at UCL’s Institute of Brand and Innovation Law
and is IBIL’s Director. Sir Robin practised at the Intellectual Property Bar from 1967, was made a Queen’s Counsel
in 1981 and served as a High Court Judge (Chancery Division) from 1993 to 2003. He was appointed a Lord Justice
of Appeal in October 2003. He continues to sit from time to time in the Court of Appeal and will sometimes act as
an arbitrator or mediator. He has written extensively on all forms of intellectual property. He often lectures, mainly
but not only on IP topics, both in the UK and abroad.
17:15
Orphan Works in the Digital World
In October 2014 a “trailblazing” new licensing scheme was introduced in the UK to facilitate the commercial and
non-commercial use of ‘orphaned’ copyright works where the right holder cannot be identified and/or located. How
might this new licensing scheme (and more generally, the EU Orphan Works Directive) help those seeking to lawfully
use copyright works where you cannot identify the right holder? What are its key limitations and how popular has it
been thus far?
Speaker: Tom Ohta, Associate at Bristows LLP
Tom is an associate in the Commercial Disputes and Copyright & Digital Media team at Bristows and advises on a
range of contractual and other commercial disputes, including litigation and mediation. Tom has particular expertise
in copyright and cross-border intellectual property disputes, with experience of acting before the English High Court,
the Court of Appeal and the Court of Justice of the European Union in the widely-reported case on copyright protection of computer programs in SAS Institute Inc. v World Programming Limited. He regularly writes for the Computer
Law and Security Review (CLSR) journal, and has published articles in a number of publications including the Journal of Intellectual Law & Practice and Intellectual Property Magazine.
COURSE SCHEDULE - DAY 5
FRIDAY 22ND JANUARY 2016
09:30
Introduction - Data, Privacy and the Culture of the Future
09:45
Whither Copyright – Is It Fit for Purpose?
An overview of the current proposals from the EU that will affect the copyright industries and creators of “cultural
content” including initiatives from the EU such as geo-blocking, cross-border contracting - and to what extent is the
USA is poised to implement copyright reform for the digital age.
Speaker: Theo Savvides, Partner, Bristows LLP
Theo Savvides specializes in intellectual property with a particular focus on IP disputes. He has over twenty years’
experience advising clients on a broad range of IP matters in the media, technology, retail, consumer products,
automotive and life sciences sectors. In recent years, the focus of his practice has been on advising technology businesses,
as well as traditional businesses transitioning into the digital world, on the copyright, database rights, digital media and
brand issues.
10.30
Registration, Data and Rights Management. Can Machines Think?
Alan Turing was asking this question as early as 1950 in his paper Computing Machinery and Intelligence. Copyright
is a property right – but a property right with no registration requirement. Interference with a copyright owner’s
property is a strict liability offence, yet there is no central source of ownership information? Digital rights management
(DRM) has largely been a failure. As the internet renders the idea of controlling copying obsolete, can machines
monitor usage of copyright works and allocate revenue to those entitled to it? Are global registries of works the answer?
This session will consider the chequered history of DRM and data registries for copyright works and ask, if copying is
obsolete, should we reject piecemeal changes to copyright law and instead, as postulated by the Max Planck Institute’s
Zohar Efroni, consider an access right?
Speaker: Nic Garnett, Interight, Consultant to WIPO, former DG of IFPI
Nic Garnett is an internationally recognized expert on Digital Copyright. Trained as a copyright lawyer in the UK and
France, he was worked throughout the world advising governments, inter-governmental organizations and leading
private enterprises on the legal protection of digital media. After many years leading an international trade association
(IFPI) Nic left to take up an SVP position with Intertrust Technologies in Silicon Valley. For the next 10 years he
advised digital media entrepreneurs and startups throughout the Bay Area on legal and business strategies. Returning to
the UK in 2009, Nic became a key advisor to the UK Technology Strategy Board, the government agency promoting
and funding innovation in the UK. He also developed a significant legal practice advising clients from around the
world on UK and European copyright, IT and e-commerce law. Nic frequently consults with WIPO on copyright and
technology.
11.15
Break
11.30
Privacy and the Future - what will a future without secrets look like?
Video Presentation from Alessandro Acquisti - Privacy economist
FRIDAY 22ND JANUARY 2016
11:45
Which Bit of the Byte Goes Where?
The internet’s capacity to transmit and store information has enormous consequences for society as a whole. This will
be an opportunity to learn about the vast technological capabilities of the digital landscape.
Speaker: George Danezis, Reader in Security and Privacy Engineering, Department of Computer Science, UCL
George Danezis has been working on anonymous communications, privacy enhancing technologies (PET),
and traffic analysis since 2000. He has previously been a researcher for Microsoft Research, Cambridge; a visiting
fellow at K.U.Leuven (Belgium); and completed his doctoral thesis at the University of Cambridge. His theoretical
contributions to the PET field include the established information theoretic metric for anonymity and pioneering
the study of statistical attacks against anonymity systems. On the practical side he is one of the lead designers of the
anonymous mail system Mixminion, and has worked on the traffic analysis of deployed protocols such as Tor. His
current research interests focus around smart grid privacy, peer-to-peer and social network security, as well as the
application of machine learning techniques to security problems. He has published over 50 peer-reviewed scientific
papers on these topics in international conferences and journals. He was the co-program chair of ACM Computer and
Communications Security Conference in 2011 and 2012, IFCA Financial Cryptography and Data Security in 2011,
the Privacy Enhancing Technologies Workshop in 2005 and 2006. He sits on the PET Symposium board and he
regularly serves in program committees of leading conferences in the field of privacy and security
12:15
Privacy, Free Speech and Data
A discussion as to how the digital revolution has impacted upon the traditional legal concept of privacy as developed
by the courts for the analogue world. We will also examine whether free speech and our definition of what constitutes
censorship have shifted in the face of online access for everyone?
Speaker: Julian Knowles QC, Matrix Chambers
Julian is internationally respected trial counsel and an accomplished appellate expert. He is instructed regularly in
courts at the highest levels and has appeared in over 30 cases in the House of Lords, Privy Council and Supreme
Court.
In great demand as a leader in trials and appeals of factual and legal complexity in the UK and overseas,
Julian is also one of the UK’s best known and most experienced international criminal lawyers. He is often involved
in multi-jurisdictional cases involving extradition, mutual assistance, and money laundering issues. Julian has an
international practice and advises in relation to jurisdictions all around the world including, in particular, Hong Kong,
the Caribbean and the Channel Islands. He has been called to the Bars of Northern Ireland and the Eastern Caribbean
Supreme Court.
13.00
Lunch
14.30
Writing: If you don’t Get Paid for It, It is a Hobby.
An review of the impact upon freelance writing, journalism and commentary and writers – their incomes and the terms
under which they work - in the internet age.
Speaker: Mike Holderness.
Dubbed by his journalist peers as a “copyright warrior”, freelance writer Mike Holderness contributes regularly to the
New Scientist and to Royal Society and EU publications. He is an NUJ Member of Honour, Chair of the European
Federation of Journalists’ (EFJ) Authors’ Rights Expert Group (AREG) and regularly writes and speaks about copyright
and the protection of creators.
FRIDAY 22ND JANUARY 2016
15:15
Copyright, Culture and the Desire for Data
An international debate moderated by Mike Holderness
Participants include:
Lorenzo Ferrero
Lorenzo Ferrero is a contemporary Italian composer, librettist author and editor. He is current Chairman of CISAC
Creators’ Council, CIAM (International Council of Music Authors) and has served on the Board of Italy’s SIAE. Born
in Turin, he studied composition at Turin Music Conservatory, and philosophy at the University of Turin, earning
a degree in aesthetics with a thesis on John Cage in 1974. His early interest in the psychology of perception and
psychoacoustics led him to IMEB, the International Electroacoustic Music Institute of Bourges, where he researched
electronic music between 1972 and 1973, IRCAM in Paris, and to the Musik/Dia/Licht/Film Galerie in Munich in
1974. He has written over a hundred compositions thus far, including twelve operas, three ballets, and numerous
orchestral, chamber music, solo instrumental, and vocal works. His musical idiom is characterized by eclecticism,
stylistic versatility, and a neo-tonal language. He has served as artistic director of the Festival Puccini in Torre del Lago,
the Unione Musicale in Turin and the Arena di Verona and the Musica 2000 Fair.
Nic Garnett
Prof Sir Robin Jacob
Yves Nilly
Yves Nilly is a French author, director and screen writer. He has written more than seventy drama serials and has
written librettos for operas as well as translations and adaptations for theatre and film, notably in collaboration with
the filmmakers Marie-Clémence & Cesar Paes. Yves has also been literary advisor for fiction at France Culture (20012003) and was also elected in 2003 to represent France at the Radio Drama Group of the EBU (European Broadcasting
Union). An active campaigner for copyright, Nilly was elected director in 2005 and then Senior Vice President of the
Society of Dramatic Authors and Composers (SACD) in 2007. He was the representative of SACD as vice president
of the CPE (Permanent Council Writers) from 2005 to 2010. In 2011 Nilly was elected President of CISAC Creators’
Council, CIADLV (International Council Playwrights Literary and Audiovisual). He still serves on the Board of
(SACD) in France.
William S Patry
Bill Patry is an American academic, writer and lawyer specialising in copyright. Patry served as copyright counsel to the
US House of Representatives in the early 1990s where he participated in the elaboration of the copyright provisions of
the Uruguay Round Agreements. Patry also worked as policy planning advisor to the Register of Copyrights and has
held a post as Professor of law at the Benjamin N Cardozo School of Law. He is the author of a seven volume treatise
on US Copyright law entitled Patry on Copyright, a work he regularly updates. He is author of Moral Panics and the
Copyright Wars and How to Fix Copyright. Patry is currently Senior Copyright Counsel at Google.
16:30
End of Day Five
COPYRIGHT LAW
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